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The Corner

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Senator Biden Again



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Senator Biden is frustrated that he is being asked to vote on a Supreme Court Chief Justice without having specifics on how he will vote on various issues, when he and other elected officials have to reveal those views to the public before they can expect to take office. “We’re rolling the dice,” he complains. But this problem is created, and is certainly greatly exacerbated, if you think that the Supreme Court has—and ought to have—the power to act as super-legislators and make up the meaning of the Constitution according to the Justices’ policy preferences. If, on the other hand, you have a much more modest view of the Court’s role, you may still be rolling the dice to some extent, but the stakes are much lower.



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